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Patna High Court

Dhonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, finding procedural lapses in the seizure and that the quantity involved was not commercial.

Summary

The petitioner, Dhonu Kumar, applied for bail in a case registered under Sections 21(c), 27, 29 and 35 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that the seized narcotics (poppy seeds, tablets and pentazocine) were not in his possession and that the seizure violated Section 105 of the Bihar Narcotic Substances Act. He further contended that the quantity recovered was below the commercial threshold and that he had been in judicial custody since 16 January 2026. The State opposed the bail, maintaining that the seizure was lawful and the offences were cognizable. After hearing both sides, the Court found merit in the petitioner's claim of procedural irregularity and the non‑commercial quantity, and consequently ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be executed by the Sessions Judge‑cum‑Special Judge (NDPS) in Darbhanga.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged possession of narcotics under the NDPS Act.
  • Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
  • Whether the quantity of narcotics recovered qualifies as 'commercial quantity' under the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • commercial quantity
  • procedural lapse
  • Section 105
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28882 of 2026
                  Arising Out of PS. Case No.-16 Year-2026 Thana- LAHERIYASARAI District- Darbhanga
                 ======================================================
                 Dhonu Kumar Son of Late Lalan Baitha R/O Village- Belwaganj, P.S.-
                 Laheriasarai, Distt.- Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar Das, Advocate
                 For the Opposite Party/s :      Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Laheriasarai P.S. Case No. 16 of 2026 registered for the

                   offence punishable under Sections 21(c), 27, 29, 35 of the

                   NDPS Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of this petitioner, Pyeevan Spas plus 120 tablets

                   and pentazocine injection 30 mg were found.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner. The witnesses of the seizure list are
           Patna High Court CR. MISC. No.28882 of 2026(2) dt.05-05-2026
                                                       2/2




                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. He further submits

                     that the alleged recovery of contraband which has been

                     recovered is less than commercial quantity. Moreover, the

                     petitioner is languishing in judicial custody since 16.01.2026

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Sessions Judge-cum-Special Judge (NDPS Act), Darbhanga in

                     connection with Laheriasaria P.S. Case No. 16 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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